Misuse of Drugs (Jersey) Law 1978: Open General Licence for import and export of controlled drugs

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A decision made on 27th July 2020

Decision Reference: MD-HSS-2020-0053
Decision Summary Title :	Misuse of Drugs (Jersey) Law 1978 – Open General Licence for import and export of controlled drugs		Date of Decision Summary:	15th July 2020
Decision Summary Author:	Chief Pharmacist		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Misuse of Drugs (Jersey) Law 1978 – Open General Licence for import and export of controlled drugs		Date of Written Report:	15th July 2020
Written Report Author:	Chief Pharmacist		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Misuse of Drugs (Jersey) Law 1978 – Open General Licence for import and export of controlled drugs
Decision(s): The Minister approved recommendations of the Misuse of Drugs Advisory Council (MDAC) to amend the exiting Open General Licence for the import and export of controlled drugs
Reason(s) for Decision: The Misuse of Drugs Advisory Council recommended various amendments to the existing Open General Licence for the import and export of controlled drugs which was issued on 1st August 2007.
Resource Implications: None
Action required: Minister to approve the MDAC recommendations and issue a revised Open General Licence for the importation and exportation of controlled drugs
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Misuse of Drugs (Jersey) Law 1978: Open General Licence for import and export of controlled drugs

STATES OF JERSEY

HEALTH AND COMMUNITY SERVICES DEPARTMENT

Misuse of Drugs (Jersey) Law 1978

Open General Licence for the Importation and Exportation of Controlled Drugs

Background

An Open General Licence (OGL) for the importation and exportation of controlled drugs was previously issued on 1st August 2007 in pursuance of Articles 4(2)(b) and 26 of the Misuse of Drugs (Jersey) Law 1978.

This licence provides that it is not unlawful for a person who is entering or leaving Jersey to import/export any controlled drug specified in the Schedule to the Licence when that controlled drug is lawfully in their possession, under their direct personal supervision and intended for administration to himself for medical or dental purposes in accordance with a prescription issued by a registered practitioner. The maximum quantity permitted to be imported or exported under the provisions of the OGL is 4 weeks supply of medicines.

The Misuse of Drugs Advisory Council (MDAC) is established in accordance with Article 2 of the Misuse of Drugs (Jersey) Law 1978 and has a duty to advise the Minister on measures, which in its opinion, should be taken to prevent the misuse of drugs and/or to deal with the social problems connected with drug abuse.

The MDAC at a recent meeting considered the current OGL in light of changes made some years ago to the UK equivalent whereby up to 3 months’ supply of medicines can be imported and exported in an individual’s possession without the requirement to obtain an individual licence.

The MDAC concluded that it would be reasonable to amend the current OGL to bring it in line with the UK equivalent given that most of the travel to and from the Island is to the UK. However, the MDAC felt that the current arrangement whereby the importation of buprenorphine containing tablets are specifically excluded from the OGL should be maintained. The MDAC also concluded that the limit on the quantity of methadone liquid that can be imported under the OGL should be restricted to 4 weeks.

The MDAC also concluded that it would be reasonable to include enforcement officers under the provisions of the OGL when conveying controlled drugs to or from a laboratory for forensic examination or analysis

Summary

In summary the MDAC recommended the following amendments to the current OGL

Increase the quantity of controlled drugs which can be imported or exported to 3 months’ supply

Maintain the current exception for buprenorphine containing tablets

Limit the quantity of methadone liquid covered by the OGL to 4 weeks supply

Include provision for enforcement officers when conveying controlled drugs to or from a laboratory for forensic examination or analysis.

Recommendation

The Minister is requested to consider and approve the recommendations of the MDAC that the existing Open General Licence is amended.

A new Open General Licence, including the above recommendations, is included in the Annex to this report, and the Minister is requested to approve this licence to come into effect on 1st August 2020

Annex

MISUSE OF DRUGS (JERSEY) LAW 1978

OPEN GENERAL LICENCE FOR THE IMPORTATION AND EXPORTATION OF CONTROLLED DRUGS

In pursuance of Articles 4(2)(b), and 26 of the Misuse of Drugs (Jersey) Law 1978 the Minister for Health and Social Services hereby licences, with effect from 1st August 2020, and subject to the terms and conditions specified below, the importation and exportation of;

Any controlled drug by a person who is entering or leaving Jersey, where

the drug is intended for administration for medical, dental or veterinary purposes in accordance with a prescription issued by a registered practitioner

administration is to themselves, or to a member of their household who is unable to administer the drug themselves, and who is travelling with that person at the time of importation or exportation.

Any controlled drug by a Doctor of Medicine or registered nurse who is entering or leaving Jersey with a patient for whose treatment during the Journey to or from Jersey the doctor or nurse considers the drug may be necessary;

Any controlled drug by an enforcement officer when personally importing or exporting that drug for the purposes of conveying it to or from a laboratory for forensic examination or analysis.

The terms and conditions attached to Paragraph 1 above are –

The person is carrying no more than 3 months’ supply of controlled drugs at the prescribed dose except for methadone liquid where the quantity should be no more than 1 months’ supply at the prescribed dose.

The person must carry with them a letter from the prescribing practitioner confirming the person’s name, address, date of birth, dates of travel, the country to be visited and the drugs to be carried including dosages and total amounts.

The controlled drug must be contained in a medicinal product within the meaning provided by the Medicines (Jersey) Law 1995

This licence does not apply –

unless the controlled drug is under the direct personal supervision of the person importing or exporting it

to the exportation or importation of any controlled drug by a person who is not lawfully in possession of the drug.

to the importation of buprenorphine containing tablets

It is hereby directed that, notwithstanding any provision in the Regulations under the Misuse of Drugs (Jersey) Law 1978 with respect to record keeping, no record is required to be kept of any quantity of controlled drug imported or exported under this licence.

The open general licence issued on 1st August 2007, is hereby revoked.

This licence shall remain in force until revoked by the Minister for Health and Social Services.